The Role of “Duty of Care” in South Carolina Personal Injury Claims
Personal Injury Claims in South Carolina
In personal injury law, few concepts hold as much importance as the “duty of care”. Whether it's a car accident, a slip and fall, or medical malpractice, establishing duty of care is crucial for the success of any personal injury claim. At Shelton Law Firm, led by Attorney Ben Shelton, we understand the significance of duty of care and are dedicated to helping our clients across the Lowcountry and South Carolina navigate its complexities to achieve the justice they deserve.
What is Duty of Care?
In South Carolina, "duty of care" is a legal principle that requires individuals or entities to act in a manner that prevents harm to others. It serves as the cornerstone of personal injury claims, demanding proof that the defendant owed a duty to act reasonably under the circumstances to ensure the safety of others.
For instance, drivers have a duty to operate their vehicles responsibly and obey traffic laws, while property owners must maintain safe premises. The breach of this duty often becomes a central issue in personal injury cases, potentially leading to serious consequences for the negligent party.
“We are committed to helping our clients secure the compensation they deserve by proving negligence and upholding the duty to protect others from harm.”
The Significance of Duty of Care
In South Carolina, establishing duty of care is crucial as it forms the basis for assessing the defendant's liability. If the plaintiff can prove that the defendant breached their duty of care, it strengthens the case by demonstrating that the defendant's negligence directly caused the injuries or damages suffered.
Moreover, duty of care plays a vital role in determining compensation. Factors such as the severity of injuries, medical expenses, pain and suffering, lost wages, and other damages are evaluated based on the extent to which the defendant's breach of duty contributed to the harm suffered.
Establishing Duty of Care
To prevail in a personal injury claim, the plaintiff must establish that the defendant breached their duty of care. This breach occurs when the defendant's actions or inaction falls below the expected standard of care, directly resulting in harm or injury to the plaintiff. Establishing duty of care involves several factors, including:
Reasonable Person Standard: Showing that the defendant failed to act as a reasonable person would have under similar circumstances, considering factors such as knowledge, experience, and potential risks.
Foreseeability: Demonstrating that the defendant could reasonably foresee that their actions or inactions could cause harm to others.
Legal Standards and Regulations: Adhering to specific legal standards and regulations applicable to certain professions or industries. Failure to comply may constitute a breach of duty.
Expert Testimony: In some cases, expert witnesses may be needed to establish the standard of care, providing opinions on whether the defendant's actions met the expected standard in a particular situation.
Choose Shelton Law Firm for Your Personal Injury Case
If you've sustained injuries due to someone else's negligence in South Carolina, seeking guidance from an experienced personal injury attorney is crucial. At Shelton Law Firm, Attorney Ben Shelton and our team are committed to helping clients understand and establish duty of care, building strong cases, and advocating tirelessly for their rights. We are passionate about using our experience to help you achieve your goals during this difficult time in your life. Call 843.802.0087 to schedule a consultation.